CHARAN DASS DOGRA Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS writ petition has arisen out of the order passed by us on 12-5-1965 in Shri jalpu Ram etc v. Deputy Commissioner. Kulu etc. , C. W No. 536 of 1965 : (AIR 1966 Punj 148 ). whereby we set aside the co-option of Smt. Sevti Devi and Smt devki Devi as Panches and directed that Smt. Chuneshwari Gaur. petitioner No. 2 in that writ petition, be co-opted as a member of the Panchayat Samiti, Naggar, in accordance with Section 5 (2) (cc) (i) second proviso of the Punjab Panchayat samitis and Zila Parishads Act No. 3 of 1961 (hereinafter to be called as the Act) We also directed that it would be open to the authorities concerned to co-opt one more woman social worker amongst women and children in accordance with section 5 (2) (cc) first proviso.

(2.) THE three petitioners before us claim to be members of the Panchayat Samiti, naggar at Katrain in Kulu district having been elected as primary members of the said Samiti on 22-1-1965 from amongst the Panches and Sarpanches. The names of 16 members, who were elected as primary members representing Panches and sarpanches were notified in the Punjab State Gazette on 1-2-1965; the notification bearing the dale 30th of January, 1965. Later, two oilier members Shri Bhagat Ram and Shri Mehar Chand were also elected as members of the above Samiti from Co-opera-live Societies; their names were also notified in the Stale Gazelle on 1-2-1965. After stating the relevant provisions of Section 5, and after referring to Sections 10 and 4-A of the Act, the petitioners have given, the background in which C. W No 536 of 1965 (AIR 1066 punj 148) was presented in this Court and then reproduced the actual words of the final directions given by this Bench in that case it is then pleaded that the order of this Court is abundantly clear and there can be no doubt that Smt. Chuneshwari Gaur did not stand automatically co-opted by virtue thereof and that she had to he co-opted in accordance with the formalities prescribed by the Act The General Assistant to the Deputy Commissioner. Kulu, shri Jalinder Singh, respondent No. 3. according to the petitioners' averments, had issued a notice to the members of the Panchayat Samiti. Naggar, that election of the Chairman and Vice-Chairman of the said Samiti would be held on 24-5 1965 notice according to Section 4 (apparently the word "section" seems to be wrongly typed for the word "rule") of the Punjab Panchayat Samitis and Zila Parishads chairman and Vice Chairman (Election) Rules. 1961. had been served on all the 24 members of the Samiti in question whose names had been notified in the Gazette. The Deputy Commissioner. Kulu. respondent No 2. is alleged similarly to have issued a notice under Rule 3 (again the word "section" is wrongly typed) of the said rules to all the members of the aforesaid Samiti intimating that 24th of May. 1965 was fixed for the election of two members of the Zila Parishad out of the primary members of the Samiti. Both these elections were to be held simultaneously at one sitting Kumari chuneshwari Gaur respondent No. 8. had not been co-opted as a member of the aforesaid Samiti till 24-5-1965 and indeed no meeting had been convened by the deputy Commissioner or any other competent authority for the purpose of coopting two lady members in place of those whose co-option had been set aside by this Court in C. W No 536 of 1965 : (AIR 1966 Punj 148)Feeling anxious to participate in the election proceedings fixed for 24-5-1965 kumari Chuneshwari Gaur respondent No 8. is stated to have filed an affidavit before the Deputy Commissioner Kulu respondent No 2. asserting that she stood automatically co-opted as a member of the Panchayat Samiti in question by virtue of the order of this Court and was. therefore, entitled to participate in the election proceedings and exercise her vote as a co-opted member at the meeting fixed for 24-5-1965. The averment in her affidavit continued to assert that Smt Sevti Devi and Smt. Devki Devi were, in view of this Court's decision, not entitled to participate and vote at the election fixed for 24-5-1965. It is pleaded that in fact, according to the order of this Court, neither respondent no. 8 had been co-opted nor had Smt. Sevti Devi and Smt Devki been debarred from taking part in the election proceedings fixed for 24-5-1965. Respondent No. 8, according to the averments in the present writ petition, had stated wrong facts in her affidavit in order to exercise a right of franchise in the meeting to be held on 24-5-1965. Relying on Kumari Chuneshwari Gaur's affidavit, the Deputy Commissioner, Kulu, respondent No. 2, is stated to have passed an order on the same day to the effect that Smt Sevti Devi and Smt. Devki Devi were debarred from participating in the election of Chairman, Vice-Chairman of Naggar Panchayat Samiti and its two Zila parishad members and that Kumari Chuneshwari Gaur, respondent No 8, was entitled to participate and vote in the said election as a co-opted lady member, as declared by this Court. The Deputy Commissioner, respondent No. 2, according to the petitioners before us, had been misled by wrong assertions in the affidavit sworn by respondent No. 8 it is this order which is being assailed as wrong, illegal and mala fide, secured as a result of undue influence which Thakar Beli Ram. a member of the Punjab legislative Council, and Shri Lal Chand Prarthi M. L. A. , had over the Deputy commissioner These two legislators, were openly opposing the petitioners in the election fixed for 24-5-1965. The allegation of mala fides is further sought to be supported by the averment that the impugned order was passed on a Sunday respondent No. 8, it is further averred in the writ petition, had represented in her affidavit that she had received two letters from her counsel. Shri Rajinder Sachar. and that the Deputy Commissioner. Kulu. respondent No 2. had also placed reliance on the said letters A perusal of both the letters reveal that they have not been sent by the counsel but had, on the other hand, been written and signed by his clerk these two letters were also not addressed to Kumari Chuneshwari Gaur; one of them having been addressed to Thakar Beli Ram and the other to Shri Thakar Tej singh. who has been impleaded as respondent No 7 in the present proceedings these letters, according to the petitioners strengthen their plea of mala fides and the keen interest taken by Thakar Beli Ram in the whole affair Shri Jatinder Singh. General Assistant to the Deputy Com missioner respondent No. 3. who was the presiding Officer for conducting the election fixed for 24-5-1965, is also stated to have disallowed on the date of the meeting objections raised as per Annexure "h" to the competence of Kumari Chuneshwari Gaur to cast her vote at the election of Chairman and Vice-Chair man of the Samiti in question. The order disallowing the objections has been attached as Annexure "i". As a result of the said election, Shri Mohan Lal, respondent No. 4 was elected as chairman of the Panchayat Samiti, Naggar, defeating petitioner No. 2, by one vote, the former having secured 12 votes and the latter 11 votes. According to the petitioners' averments, if respondent No. 8 had not taken part in the election, there would have been an equality of votes amongst the two candidates and the matter would have been decided by drawing lots, and also if Smt. Sevti Devi and smt. Devki Devi had not been Illegally debarred, petitioner No. 2 would have secured 13 votes and respondent No, 4 only 11 votes. For the election of Vice-Chairman, respondent No. 5, Shri Mehar Chand, was elected defeating one Shri Chattar Dass and it is vaguely averred that allowing respondent NO 8 to lake part in the election and debarring Smt. Sevti Devi and smt. Devki Devi from so taking part have also been instrumental in the success of respondent No 5 Petitioners Nos. 1 and 3 have also lost to respondents Nos. 6 and 7 by a margin of one vote each only in the election of the members of the Zila parishad The result of this election would also have been different had Kumari chuneshwari Gaur not been permitted to lake part in (he said election. It is largely on the basis of these aver ments that the petitioners have approached this Court with a prayer Unit a writ of certiorari or other suitable writ, order or direction may go quashing the elections of the Chairman. Vice-Chairman and members of the Zila Parishad held on 24-5-1965 A writ of mandamus has also been prayed directing stay of the election of the Zila Parishad. Kulu which was stated likely to be held on or before 15-6 1965. The election of the Zila Parishad, kulu and the functioning of the Panchayat Samiti. Naggar is also required to be staved. This petition was presented to this Court on 2-6-1965 and a notice, as required by the rules of this Court, intimating the opposite party of the motion for stay was duly given On 4-6-1965, S. K. Kapur, J. declined interim stay during the vacation observing that it was not advisable to interfere al that stage Shri Rajinder Sachar appearing for respondents Nos. 4 to 8. opposing the stay urged that:

(3.) ON 16-7-1965, the writ petition came up before a Bench of this Court of which I was a member and after issuing a rule, it was directed that this writ petition be heard by the same Bench which had disposed of C. W. No. 586 of 1965. Shri sachar was present on behalf of respondents Nos. 4 to 8. Stay was not pressed by the petitioners at that stage.